B-127748, JUN. 25, 1956

B-127748: Jun 25, 1956

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 21. WAS ISSUED TO YOU FOR THE DELIVERY OF 50 CARTONS OF PHILIP MORRIS REGULAR CIGARETTES AT A CARTON PRICE OF $1.5876 AND 100 CARTONS OF MARLBORO LONG SIZE FILTER CIGARETTES AT A CARTON PRICE OF $1.7964. A SHIPMENT OF 50 CARTONS OF PHILIP MORRIS CIGARETTES WAS RECEIVED. SHIRLEY TEER VERIFIED THE FACT THAT ONLY 50 CARTONS OF CIGARETTES WERE RECEIVED BY THE COMMISSARY. YOUR INVOICE WAS RETURNED WITH THE REQUEST THAT IT BE CHANGED TO AGREE WITH THE PURCHASE ORDER. TEER TELEPHONED FOR VERIFICATION OF THE QUANTITY OF CIGARETTES RECEIVED AND WAS ADVISED THAT ONLY 50 CARTONS WERE RECEIVED. WE HAVE NO FIRST-HAND KNOWLEDGE REGARDING THIS TRANSACTION.

B-127748, JUN. 25, 1956

TO PHILIP MORRIS, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 21, 1956, TO THIS OFFICE, RELATING TO THE APPARENT FAILURE OF THE ARMORED COMBAT TRAINING CENTER, CAMP IRWIN, BARSTOW, CALIFORNIA, TO PAY FOR A QUANTITY OF CIGARETTES SHIPPED TO THAT INSTALLATION UNDER PURCHASE ORDER NO. 1106-56.

AS INDICATED IN OUR LETTER OF JUNE 5, 1956, WE TRANSMITTED TO THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, YOUR LETTER OF MARCH 21, 1956, WITH A REQUEST FOR A COMPLETE REPORT OF THE FACTS INVOLVED. THAT REPORT HAS NOW BEEN RECEIVED AND IT APPEARS THEREFROM THAT PURCHASE ORDER NO. 04-013-01- 1106-56, DATED NOVEMBER 18, 1955, WAS ISSUED TO YOU FOR THE DELIVERY OF 50 CARTONS OF PHILIP MORRIS REGULAR CIGARETTES AT A CARTON PRICE OF $1.5876 AND 100 CARTONS OF MARLBORO LONG SIZE FILTER CIGARETTES AT A CARTON PRICE OF $1.7964, AND THAT ON DECEMBER 1, 1955, A SHIPMENT OF 50 CARTONS OF PHILIP MORRIS CIGARETTES WAS RECEIVED.

BY ENDORSEMENT DATED MAY 28, 1956, THE FINANCE AND ACCOUNTING OFFICE, THE ARMORED COMBAT TRAINING CENTER AT CAMP IRWIN, REPORTED THAT UPON DISCOVERY OF AN APPARENT DISCREPANCY BETWEEN THE QUANTITY BILLED AND THE QUANTITY CERTIFIED AS RECEIVED ON THE RECEIVING REPORT, MRS. SHIRLEY TEER VERIFIED THE FACT THAT ONLY 50 CARTONS OF CIGARETTES WERE RECEIVED BY THE COMMISSARY; THAT BY LETTER OF DECEMBER 14, 1955, YOUR INVOICE WAS RETURNED WITH THE REQUEST THAT IT BE CHANGED TO AGREE WITH THE PURCHASE ORDER; THAT BY LETTERS OF JANUARY 23 AND FEBRUARY 27, 1956, YOU ADVISED OF A CHANGE IN PACKAGING EFFECTIVE SEPTEMBER 19, 1955; THAT UPON EACH OCCASION MRS. TEER TELEPHONED FOR VERIFICATION OF THE QUANTITY OF CIGARETTES RECEIVED AND WAS ADVISED THAT ONLY 50 CARTONS WERE RECEIVED; THAT BY FORM LETTER DATED MARCH 6, 1956, MRS. TEER REQUESTED YOU TO CORRECT YOUR INVOICE AND RETURN THE SAME IN ORDER THAT PAYMENT MIGHT BE MADE, AND THAT NO REPLY HAS BEEN RECEIVED.

WE HAVE NO FIRST-HAND KNOWLEDGE REGARDING THIS TRANSACTION. THEREFORE, UNLESS YOU CAN SUBMIT DOCUMENTARY EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF CORRECTNESS WHICH WE MUST ACCORD THE FACTS AS ADMINISTRATIVELY REPORTED, IT IS SUGGESTED THAT YOU SUBMIT TO THE FINANCE AND ACCOUNTING OFFICE A CORRECTED INVOICE COVERING THE QUANTITY OF CIGARETTES REPORTED AS ACTUALLY RECEIVED, IT APPEARING THAT THE AGENCY IS READY AND WILLING TO MAKE PAYMENT WHEN SUCH CORRECTED INVOICE IS RECEIVED.